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Disputes over land compensation, ownership persist

Land compensation payments have become a top issue with many Lao people after several residents have expressed dissatisfaction with the reimbursements they have received after their land was taken for development projects.

According to Prime Ministerial Decree No. 192, dated June 25, 2005, land compensation payments for those affected by development and investment projects must ensure the recipient's livelihood is improved or at least at the same level compared to the period before the project begun.

President of the National Land Management Authority (NLMA) Mr Kham-ouan Boupha said in a recent statement that a failure to strictly implement policies and laws on the matter is leading to some problems.

He said in some cases compensation has not been sufficient to ensure villagers could continue living better lives, while in other cases some villagers demand high compensation payments although they were settled on state land without proper permission. Some villagers encroach on state land and claim ownership illegally.

As a result, many lawsuits have been submitted to courts, as well as petitions made by villagers to the National Assembly. The issue has caused conflict between the government and villagers or between residents and investment companies.

Mr Kham-ouan said part of the problem can be attributed to a lack of adequate land surveys and correct allocation of land.

Land use planning in many provinces is unclear and older land titles were issued without the use of land surveys, he said.

Another problem is that the rising demand for land has caused prices to rapidly increase. When road construction and other investment projects occur villagers often complain that they did not receive adequate compensation for land taken for previous projects and refuse to cooperate with authorities.

According to the land law, all land belongs to the state and therefore the state can take ownership of land from the people when the land is required for development projects that are beneficial to the public, but the state must provide reasonable compensation for any land plot reclaimed.

Critics say it is unclear as to exactly what kinds of projects are “beneficial to the public.” For instance, construction of a new road could be considered to provide public benefit but land for an industrial project might not.

The government has attempted to address the matter by issuing a number of regulations in a move to reduce the number of disputes and conflicts arising over land ownership and compensation.

The government has also tasked the NLMA with accelerating a land survey and allocation project and has assigned land officials in all provinces to cooperate with other sectors to address the problem of villagers illegally using state land without informing authorities.

Mr Kham-ouan stated that those violating the land law must be prosecuted in accordance with the Lao judicial system.

 

 

By Somsack Pongkhao
(Latest Update September 02 , 2010)